Evaluating Wrongful Death Claims: The Sex Factor
California has a specific wrongful death statute that governs who can make a claim for the wrongful death of another and what damages they are entitled to. Based on the terms of this statute and various other factors, the insurance carrier and the parties’ Irvine wrongful death attorneys will evaluate the claim to determine how much damages to award the plaintiff.
Negotiation of a wrongful death claim often involves damages for lost earnings, loss of support, and loss of consortium. The exact damages available depend on the specific facts of the case and the various factors involved.
Sex of the Deceased
One of the most important factors that must be considered in evaluating a wrongful death claim is the sex of the deceased. Although most families are currently dual earners and the majority of employers do not discriminate as to the income of one sex over another, sex of a wrongful death victim still serves as an index to future earning in many wrongful death claims. This is especially true when the sex factor is used in conjunction with education, training and job or profession.
In most families, the male parent provides for the children’s education, support and comfort, while the female parent provides care and other non-monetary support. As such, a higher monetary value may be allowed for the death of a male parent than a female parent. While loss of companionship, affection and caretaking has a significant value, it is very difficult to express in monetary terms when evaluating a wrongful death claim.
Lost a Loved One? We Can Help!
If you have lost a loved one due to the negligent or reckless actions of another party, you may be entitled to monetary compensation. For more information about what damages you are entitled to or schedule a complimentary consultation with an experienced Irvine wrongful death attorney, call the Law Offices of Samer Habbas at (888) 848-5084.